Huntsville gazette., 1887-02-12
THE CHURCHILL CASE.

Decision BY the Supreme Court-The Sec
ond-Ter Bondsmen to Pay $4,000
The First and Third-Term Bondsmen
Released-A Story of Arkansas Finance
Brief History of the Case.
LITTLE Rock, Ark, Feb. 5.-The cele-
brated case of the State of Arkansas
against I. J. Churchill, ex-State Treas
urer for shortage in his accounts, was de-
cided to-day in the Supreme Court. The
opinion was delivered by Special Judge
81. j. Bum, of Camden; Special Judge
George P. Smoote, # Prescott. and Asso-
ciate Justice w. W. Smith, asserting.
This case, known as he "Churchill de-
falcation case,' when first begun was the
biggest sensation Arkansas had had for
years. 1t was a delicious morsel to the
politicians generally, and source OF al
mes enelal = fats the shoDsaHas
of friends of the Churchill family in the
South No one even imagined or charged
that General Churchill was defaulter by
his own acts or knowledge, and the
grave errors were, and are to-day, be-
ieved to be due to bad and careless book
keeping. A brief history of this case will
be found Of general interest.
During the war General Churchill was a
Confederate General, and after recon
struction was elected Treasurer, which
position he held until he was chosen Gov
ernor. Rightin the full blaze of his political
glory, when his fame was brightest. while
the General Assembly was in session, the
Senate committee on Auditor and Treas
urer's books reported something wrong in
the Treasury. This committee consisted
of E. D. Boyd, Greenbacker; Judge G
- U,,Il 0xr1
while of another political party, was
a sharp business man. Mitchell was after
ward candidate for Congress against j.
K. Jones and defeated. This is the same
Jones now in the United States Senate.
After his defeat Mitchell rallied and was
elected Circuit Judge Later he became
dissatisfied with the Democracy, and pub
licly proclaimed that he had joined the
Republican party, with which he has since
affiliated. Judkins attained great popu-
larity in certain quarters over the investi-
cation, and was afterward elevated to the
presidency of the Senate. He is now liv-
ing in Lawrence County, at ornear Smith
vile.
The committee, as stated above, reported
shortage, whereupon special committee
was appointed to investigate the matter
They worked along for months all through
the hot summer, and at last concluded
their labors with report showing tho
shortage to be $4,000. At the next ses
sion of the Legis ature, in 1888 Represent
ative Barker, of Drew County, chairma'
Of the House committee on the books O.
the treasurer, raised the amount of tho
shortage to S300,001. This is the sam
Barker who is Preside ent of the Senate nov
in session.
COMMENCING SUIT.
The result Of all this investigation wa
shaped up into a legal document and suit
was brought against I. j. Churchill an
his bondsmen on Wednesday, May 30, 1888
in the Chancery Court The suit covered
Churchill and bondsmen for three term
as State Treasurer. Chancellor Carol
appointed Hon. Thomas FL. Simms, OF
Washington, Master of Chancery, TO state
az account between Churchill and the
State. The Master made long and care
full examination and reported the amount
due the State to be $50, ,52201.
This finding was held good by the Chan
cellor. The attorneys for the bondsmei
claimed that $50 900 of the shortage shoult
be credited up to scrip burned ten year.
ago, but which burning does not show OF
the books of the Treasurer. None of the
scrip has, however, made its appearance
since the burning, and it is believed i
was SO destroyed. They also claimed the
first and third term bonds to be invalid,
because names Of certain of the bondsmen
had been erased, and the case was taken
on appeal to the Supreme Court.
The decision to-day affirms the decision
of the Chancellor as to the s., 600 due on
the second term bond 1t also transfers
$1,000 of the short age of the third term to
the second. Of the S159, 900 Loughborough
bonds found to have been sold during th2
first term and no credit of the trans action
made until the third term, they allow
credit and prorate $4,000 to the second
term. This made the second term bonds
men responsible for $4,000 of the short
age. The first and third term bondsmen
are released because of the erasure of the
names of part of the sureties.
THE NET RESULT.
The result of the uecisiOn is that the
second-term bondsmen are held for &c.,
GOO and the others are released. The
bondsmen are as follows, and with the
exceptions of w. w. Adams, B. F. Danley
and w. d. Blocker, 81 Of whom are dead,
nearly any one of them, if called on, could
pay the amount called for by the bond:
A. H. Garland, Un ted States Attorney
General; FL. L. Fletcher, planter; George
F. Bancum, wholesale grocer; Thomas
Fletcher, United States Marshal; W. j.
Murphy, now merchant at Fort Worth,
Tex; Judge q. w. Williams, lawyer; b.
s. johnson, lawyer; John ID. Adams, cap
itallst; Thomas Newton, postmaster; Il.
H. Johnson, retired lawyer; s. P. Hughes,
Governor; A. Mills, planter.
The investigation of the case, per diem
of members of the Senate committee and
trial costs amount to about as much as the
State will recover.
Although the bondsmen on ChurchilPs 8
second term will have only about $4,000 to
pay, the tull amount sued for, about Sl14, :
900, will stand against Churchill as prin-
cipal, the release of the bondsmen not re-
leasing him.
A Prisoner Full of Buckshot.